ASMAN SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18-04-2007 passed by the Additional Sessions Judge, Katghora, District Korba in Sessions Trial No. 15 of 2006, whereby and whereunder, the trial Court, after holding the appellant guilty for causing homicidal death amounting to murder of deceased - Sampat Kumar and Mansingh, aged about seven and five years respectively and for concealing the criminal evidence, convicted the appellant under Sections 302 (two times) and 201 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine to undergo additional R.I. for one month (two times) and to undergo R.I. for three years and to pay fine of Rs. 500/-, in default of payment of fine to undergo additional R.I. for six months. All the sentences were directed to run concurrently. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(2.) As per case of prosecution, on 01-03-2005 appellant and his younger brothers, namely, Sampat Singh and Mansingh, aged about seven and five years respectively, went to forest for plucking Dhawai flower, but did not return till night. Thereafter, their father Chain Singh (PW-4) lodged one missing report at Police outpost, Korbi. After two days, accused/appellant came to house and made extra-judicial confession that while catching fish near Talwarmuda pond, he committed murder of his younger brothers by pressing their necks and drowning their heads into water and at night he himself stayed in the house of his sister situated at Badrapara. After getting this information, Rai Singh (PW-1) informed at Police Chowki, Korbi. On the basis of his information, Dehati Mergs were recorded vide Exs. P-1 & P-2. Initially FIR at zero was registered vide Ex. P-21 by outpost Korbi, thereafter numbered FIR was registered at Police Station, Pasan vide Ex. P-22.

(3.) Investigating Officer rushed to the place of occurrence and after summoning the witnesses vide Exs. P-6 & P-6A, inquests over the dead bodies of deceased Sampat Singh and Mansingh were prepared vide Exs. P-7 and P-8 respectively. Spot map was prepared vide Ex. P-9. Dead bodies of deceased Mansingh and Sampat Singh were sent for autopsy to Primary Health Centre, Podi Uproda vide Exs. P-14A and P-15A where Dr. Pushpalata Singh (PW-9) conducted autopsy on the dead bodies of deceased Mansingh and Sampat Singh vide Exs. P-14 and P-15 respectively and found the injuries and symptoms over their dead bodies as mentioned below: